HF 2702

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/21/2025 01:46 p.m.

A bill for an act
relating to elections; permitting a candidate elected to the office of state senator
or state representative to resign the position prior to the commencement of the
term for which the candidate was elected; establishing procedures for the conduct
of a special election in the event of an expected vacancy; amending Minnesota
Statutes 2024, section 204D.19, subdivision 4, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 204D.19, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Resignation of office by elected candidate. new text end

new text begin An expected vacancy may occur
in the office of state senator or state representative by the resignation of a candidate elected
to that position prior to the commencement of the term for which the candidate was elected.
If an expected vacancy occurs, the governor shall issue a writ calling for a special election
to fill the expected vacancy within five days of the candidate's resignation. The special
election shall be held as soon as possible, consistent with the notice requirements of section
204D.22, subdivision 3, but in no event more than 35 days after the issuance of the writ.
The individual elected shall take office and exercise the duties of the office at the time the
term of office commences, or immediately upon election, if the legislature has already
convened in session.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 3, 2026, and applies to
candidates elected on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2024, section 204D.19, subdivision 4, is amended to read:

Subd. 4.

Writ when vacancy results from election contest.

new text begin (a) new text end If a vacancy results
from a successful election contest, the governor shall issue 22 days after the first day of the
legislative session a writ calling for a special election unless the house in which the contest
may be tried has passed a resolution which states that it will or will not review the court's
determination of the contest. If the resolution states that the house will not review the court's
determination, the writ shall be issued within five days of the passage of the resolution.

new text begin (b) Notwithstanding paragraph (a), if a candidate whose election is contested resigns
prior to commencement of the term for which the candidate was elected, the governor shall
issue a writ calling for a special election as provided in subdivision 3a to fill the expected
vacancy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 3, 2026, and applies to
candidates elected on or after that date.
new text end